STEVEN MAGAS

OHIO’S BIKE LAWYER

The Magas Firm

AN EXPERIENCED OHIO MOTORCYCLE INJURY LAWYER

513-484-BIKE [2453]

“…Protecting the Rights of Those Who Ride!”

Steve Protects The Rights of Riders.

If you have been injured in a motorcycle accident you may be worried paying for your medical bills, you may be incurring lost wages, and experiencing pain and suffering. Remember, the insurance company you are dealing with wants to pay you NOTHING, if possible, or the least amount of money it can get away with! If you don’t protect your rights, you may not be able to make a claim. Insurance companies have highly skilled attorneys and adjusters whose goal is to protect the company’s money and pay you as little as they can.

You need an experiencedOHIO motorcycle lawyer to protect your rights and fight for you. Call or email [BikeLawyer@aol.com] today for a FREE CONSULTATION.

STEVE MAGAS is an avid motorcyclist who rides year round. He is also an Ohio Trial Lawyer with more than 27 years of experience handling wrongful death and personal injury claims. Steve “protects the rights of riders…” throughout Ohio.

An Experienced Motorcycle Lawyer can Reduce Your Stress Level

Being injured in a motorcycle accident can be an ordeal. You are hurt – possibly undergoing surgery and rehabilitation. You can’t do the things you used to do. You life gets turned upside down. The bills for your medical care are mounting – but you don’t think YOU should have to pay them since the crash was not your fault. The insurance adjustor can be aggressive and obnoxious – minimizing your injuries and questioning your integrity. You may be off work. You may not have health insurance. You may be angry, upset and stressed out.

The first thing I do when I take your case is notify the insurance adjustor that he/she is prohibited from calling you any more. ALL communication comes to my office. This allows you to focus on recovering from your motorcycle accident injuries. My job is to deal with the paperwork, investigate the crash, interview all witnesses, get the police report and police photographs, take more video or photographs, gather up your medical bills, medical records, proof of property damage and other documents, and negotiate with the insurer. Your job is simply to get better!

Q: Do I Need a Lawyer At All?

The short answer is, “It Depends, but…”

If your injuries are anything more than truly “minor” or the accident you were involved in was in any contested, then you should consult a lawyer. In every case involving fractures, a head injuries, wage loss, treatment by specialists, ongoing medical bills, months of treatment, physical therapy, MRI’s or other tests, or if your recovery takes longer than a week or two you should work with a lawyer.

Insurance companies will challenge your claim on every level. In my 25 years of experience handling hundreds of personal injury and accident claims, I have found that insurance companies tend to blame the motorcyclist for the crash, in whole or in part, in many cases. The insurance investigator will argue that you were not riding safely or properly. They will argue that you could have avoided the crash, that you weren’t paying attention, that you failed to “signal,” or committed some other violation of the traffic law that renders your case worthless. You need someone on YOUR side who can properly analyze the liability issues.

Insurance companies will also challenge your injuries and damages. Insurance adjustors, claims representatives and investigators are highly trained specialists with one job – to minimize the amount of money it takes to resolve your claim. They have special training in medicine, law and negotiating tactics. The insurance adjustor will often argue that your injuries are not supported by the medical records, that you are “malingering,” that your injuries should have resolved quicker or that some prior injury or condition you didn’t even know about is the “real” cause of your problems.

Remember, the insurance company only has one goal – to minimize its payment of money to you.

You need someone on YOUR side, aggressively fighting to protect YOUR rights. As your attorney my ONLY obligation is obtain the best result possible for YOU. Unless you have knowledge and experience in law, medicine, physics and the handling and negotiation of personal injury claims, you probably do not have the skill set necessary to maximize your recovery.

Q: What does a Lawyer do that I can’t do myself?

You can probably do much of what a lawyer does – if you have the time, skills, patience, experience and knowledge. You probably do NOT have the training needed to recognize and analyze the complex legal and medical issues that arise in motorcycle accident claims. You may lack the background in accident investigation, medicine or insurance law needed to successfully analyze these claims. You may be tired of dealing with the mountains of paper that keep showing up in your mailbox – bills, letters, “subrogation” notices.

Your lawyer wears many hats. Initially, your lawyer is an investigator – interviewing witnesses, gathering evidence, evaluating the police conclusions as to liability and, if needed, working with a special motorcycle accident reconstruction expert to properly analyze the crash. I have investigated hundreds of crashes.

Your lawyer also obtains, reviews, organizes and analyzes every single piece of paper related to the crash and your injuries. This includes all medical records and bills from all of your care providers – a time-consuming experience! Our office gathers up records every day and has the experience to expedite this often tedious process. I have reviewed and analyzed medical records for hundreds of clients.

Your lawyer operates as a buffer between you and an often aggressive, or even obnoxious, insurance adjustor, handling all communications and negotiations. I can protect you from these calls and aggressively present your claim to even the most annoying insurance adjustor!

Of course, your lawyer uses years of study and experience to provide you with independent, competent professional advice about the many legal issues that arise in personal injury cases. Your lawyer is a professional negotiator, presenting your claim in a manner designed to maximize your recovery and handling all communications. Over the past 25+ years, I have successfully resolved hundreds and hundreds of claims.

Finally, if needed, your lawyer is a litigator, steering your case through the court system. I have been lead trial counsel in hundreds of litigated matters in the state and federal courts throughout Ohio. I have also appeared in several of Ohio’s courts of appeals and the United States Sixth Circuit Court of Appeals. Since part of my work and trial experience includes stints with an aggressive insurance defense law firm and as in-house trial counsel for major insurance company, I have seen these cases from both sides and have a very good understanding of how insurance companies “think.”

Q: Why do I need a “Motorcycle Lawyer?”

I am an avid motorcycle rider. I commute on my motorcycle year-round, riding on virtually any day where the weather does not create road conditions hazardous to motorcycling. I ride tens of thousands of miles each year both commuting and touring. Motorcycling for me is not a hobby, but a passion.

I have logged thousands of motorcycle miles on all types roadways and am familiar with the issues facing motorcycle riders every day – distracted and aggressive motorists, semi-trucks, snarling dogs, bad road conditions – I’ve seen it all.

My law practice centers around two wheels! As a motorcycle lawyer with more than 25 years of experience and hundreds of successful personal injury and accident cases under my belt, I am uniquely qualified to aggressively pursue your motorcycle accident claim.

I am also an advocate for motorcycling. I write a regular column in Roadwheeler, a monthly regional publication on legal issues relating to motorcycling, and have also have articles published in BMW-Owner’s News, a national publication. I research motorcycle accident statistics and comment on pending legislation affecting motorcycles. I also work with the Ohio Right of Way Coalition. This group is dedicated to passing laws designed to improve the legal side of motorcycling. I have testified before the Ohio Legislature in support of a variety of bills. Currently, we are trying increase the penalties a judge can impose on those who maim or kill motorcyclists and other “vulnerable users” of the roads.

I don’t just handle “motorcycle cases,” I LIVE and THINK “BIKE!”

Q: What about property damage to my motorcycle and other gear?

A: For many of my clients, their first question after getting hit by a car is, “How’s my bike?”

Insurers often don’t understand how to value a motorcycle and make very low offers to settle your property damage claim. Under Ohio law, you are entitled receive the cost of repair, up to the “value” of your motorcycle. Unlike many lawyers and insurance adjustors, I know how valuable motorcycles can be. I work with you to put together a package of information for the insurer that is designed to maximize what you receive for your motorcycle. Be it Harley, Honda, BMW, Ducati, Indian, Suzuki, Victory or Big Dog, I will work to maximize your property damage recovery.

Q: Why is TRIAL experience so important?

There are more than 40,000 lawyers in Ohio. Most of them have never tried a case to a jury and many have never been inside a courtroom! I have more than 25 years of trial experience and have been “Trial Counsel” in hundreds of cases. I have handled cases in many of Ohio’s 88 counties – from the most urban to the most rural – and have tried many cases to verdict during my career as a trial lawyer.

Insurance companies know which lawyers try cases and which do not. I am not afraid to take your case to trial if that is what it takes to maximize the value of your motorcycle accident claim. I have tried cases to verdict in many Ohio courtrooms. I remain fully involved and responsible for your case at all times.

A: Why is Insurance Experience so important?

Unlike most “personal injury” lawyers, my legal experience includes working as an insurance lawyer. I spent several years as in-house trial counsel for a multi-billion dollar international insurer handling the defense of insurance claims and representing the company in litigation. I have also worked as an insurance defense lawyer for an aggressive litigation law firm which handled cases for some 20 different insurance companies. This experience provided me valuable insight into how insurance adjustors work and how decisions are made by insurance companies. I put that knowledge and experience to work for YOU as your Motorcycle Lawyer!

Q: I had a motorcycle accident. When should I call you?

A: Call me immediately at 513-484-BIKE[2453], or send me an email at BikeLawyer@aol.com.

Do not talk to the other person’s insurance companies until after you have consulted a lawyer. If you give a “statement” to the insurer, you may unknowingly make damaging statements or provide information the insurer is not entitled to have.

I make a point of returning all calls and e-mails the day I receive them. If you have been injured in a motorcycle accident you need to know right away what insurance coverage is in place to cover your medical expenses and lost wages.

Q: What are your fees for handling motorcycle injury claim? Are you going to bill me for the time you spend on my case?

A: I handle most motorcycle accidents on a contingency fee basis. This means I ONLY GET PAID WHEN I RECOVER MONEY FOR YOU. If there is no recovery there is no fee. I do not bill you for phone calls or for my time. You pay my fee at the end of the case out of the monies I am able to recover for you.

Q: Will I get to talk to YOU if I call 513-484-BIKE or write to you at BikeLawyer@aol.com?

A: Yes. I offer a FREE CONSULTATION on all motorcycle accident claims. Every person who calls for a free consultation talks directly to me. I promptly return calls if I am unavailable but usually you will talk to me right away or later the same day.

Q: Should I call you even if I want to handle my claim myself?

A:Yes! While handling a case on your own can be risky I do recommend that in some smaller cases. I am happy to discuss your claim when you call and provide you with my insights and suggestions. If I think I can help you I will say so – if I think you are better off handling your claim on your own, I will honestly tell you so.

Q: Do I have to go downtown to meet you?

A: NO! I will meet you wherever it is convenient for you. I am happy to meet you in your home, your business, a restaurant or wherever it is convenient for you. We can always meet in my office, as well. My main office is in Loveland, on Glendale Milford Road. I also have a satellite office near 275 and Fields Ertel, on Waterstone. If downtown is best for you, I also have access to a variety of meeting places downtown.

In today’s “virtual world” I find myself more and more becoming involved in claims through email and telephone interaction. I can email the critical forms and documents to you for your review and we can establish an attorney-client relationship in this manner!

Q: What are your fees for handling my personal injury claim? Are you going to bill me for the time you spend on the case?

A: I handle virtually all personal injury cases on a contingency fee basis. This means I ONLY GET PAID WHEN I RECOVER MONEY FOR YOU. If there is no recovery there is no fee. I do not bill you for phone calls or for my time. You pay my fee at the end of the case when the case is resolved.

Q: Can I recover even if the motorist never hit me?

A: Yes. Physical contact between your motorcycle and another motor vehicle is NOT required for the motorist to be liable. Motorcyclists sometimes crash while taking evasive action to avoid a motor vehicle. Sometimes the motorist does not bother to stop – or even KNOW that an accident occurred. The motorist can still be held liable if their negligence required the motorcyclist to take the evasive action which led to a crash.

Q: Can I recover even if the motorist’s insurer denies my claim?

A: Yes. A “denial” of your claim by an insurance adjustor may be based on an incorrect analysis of your claim by the insurer. If the insurer does not understand the operation of a motorcycle, the insurer may feel that you were at fault in a crash when you were not.

If the insurer feels you were at fault in the crash, in whole or in part, it may “deny” your claim – this means the insurer simply refuses to pay. An insurer’s refusal to pay is sometimes jokingly referred to as the “WAP” defense – “We Ain’t Paying!”

The denial of a claim does not mean you cannot recover. In many cases, I have been able to re-open a “denied” claim after properly analyzing how the crash occurred and presenting this fresh analysis to the adjustor.

In cases where the insurer still refuses to consider the claim, only a lawsuit can move the claim forward. I have handled many cases which were initially denied but were then favorably settled after we filed suit. Sometimes the insurer needs to approach a trial date, and face the risk of a large jury verdict, before it decides to settle.

Q: Can I recover if the other driver had no insurance?

A: Yes. If you have “uninsured motorist” coverage, you may be able to recover money for your medical bills and pain and suffering even if the other driver had no insurance. However, uninsured motorist claims are notoriously complex. You should consult with an attorney before proceeding on your own.

Q: How do I recover if the other driver only has “state minimum” coverage and my medical bills are more than the coverage?

A: Ohio’s “state minimum” coverage is only $12,500 and is one of the lowest in the country. Many insurers are taking advantage of this and television advertising promising to “keep you legal” is at an all time high.

Frequently, though, when just the medical bills and wage loss from a motorcycle accident are calculated, the loss is approaches or exceeds $12,500.00. The value of your claim includes much more than just bills and wage loss. In such situations, the motorcyclist’s “underinsured motorist” coverage may apply. These claims can be very complex and a lawyer familiar with uninsured/underinsured motorist coverage should be consulted.

DO NOT ACCEPT THE “POLICY LIMITS” FROM THE MOTORIST’S INSURER WITHOUT CONSULTING WITH AN ATTORNEY. DOING SO MAY PREVENT YOU FROM ANY FURTHER RECOVERY!

I have handled cases involving many complex insurance questions, including uninsured/underinsured motorist issues. Ohio courts have issued hundreds of decisions affecting these complex claims just in the past few years, and familiarity with the current state of the law is critical to protecting YOUR rights.

Q: My health insurer has sent me a “subrogation” letter and seems to want me to pay money back! What the heck is “subrogation” anyway? Do I have to pay them back?

A: “Subrogation” is a very important and complex legal concept that arises in virtually every injury claim in which there is health or disability insurance. “Subrogation” means that you, the injured victim, may be required to pay back his or her health insurer, auto insurer or disability insurer out of the proceeds of a personal injury claim settlement! Your insurance policy needs to be reviewed to determine the extent of any “subrogation” provisions.

If you try to handle your claim without a lawyer, you may not realize until it is too late that you are required to pay back your insurer. If you settle for too little money, the insurer may be able to get all or most of it, leaving you without recourse! If your medical bills are paid by Medicare or Medicaid, there are specific laws which may require you pay back the government for accident-related medical bills out of any settlement.

The possibility of a “subrogation” claim is one very important reason why you should contact a lawyer for advice on your motorcycle accident claim!

I have successfully resolved hundreds of “subrogation” issues for my clients. Frequently, if the proper arguments are aggressively made, subrogation claims can be negotiated such that the insurer takes no money, or considerably less money than it initially demands from you. This negotiation with your own insurers is part of the service I provide and another way I am able to maximize your recovery.

Q: How do I know if I have a good motorcycle accident claim?

A: You need to contact me and we can discuss your case. I offer a FREE CONSULTATION about your claim.

Q: Should I accept an offer from an insurance company? How Much is my claim WORTH???

A: Without discussing your case with you in detail, it is impossible to know if the offer the insurer has made even comes close to the reasonable value of your claim. Remember, the insurance company’s representative is a well-trained, highly skilled advocate with an important job—to minimize the amount of money the insurer pays you.

Your claim is a “thing” which has a value in a very special marketplace –a marketplace where only a judge or jury can set the “true” value.

If you wanted to sell an old oil painting, ’65 Mustang or Pete Rose rookie baseball card, I would send you to an appropriate expert to have those “things” valued since I lack the training and experience to provide you with a reasonable value. I would tell you, and you would be smart enough to know, that the person who wants to buy your “thing” is not likely to offer the full value! Just like those buyers, insurance companies will lowball you and try to get you to sell your “thing” – your claim – at a substantial discount.

With a motorcycle accident injury claim, the same negotiating reasoning applies. As your motorcycle accident lawyer one of the many hats I wear is acting as an “appraiser” of your claim. The insurer wants to “buy” your claim –to pay you money to settle your claim. Unless you have training in law and medicine, and experience researching jury verdicts and negotiating or trying such cases, you probably do not fully understand the factors that make your claim more or less valuable. You may lack the ability to determine if the insurer’s offer is “in the ballpark” of the value of your claim.

My experience includes successfully resolving hundreds of injury cases over the past 25 years. I have put cases together from start to finish, researched legal and medical issues, consulted with appropriate experts, including accident reconstruction experts, visited the scenes of almost every accident I’ve been involved with, studied police reports, analyzed medical records, negotiated simple and complex cases and taken many cases to trial. My experience provides me with the qualifications to analyze and maximize the recovery in YOUR claim!

Q: Will my case take up a lot of my time?

A: No. Once I take a case, I handle everything. We gather up all the paper, handle all dealings with the insurer and work to settle your claim. You will only need to keep my office informed of your treatment and recovery.

Once you have recovered and we have all of your documents, I will discuss my analysis of your case with you and together we will decide on a settlement negotiation strategy. I will discuss with you EVERY offer made by the insurer. YOU make the decision about whether to resolve the case or not.

In fact, some cases are resolved with only a few telephone calls with the client. If your case cannot be settled, and a lawsuit is needed, then your time involvement would increase.

Q: Will I have to go to trial?

A: Over the years I have noted that I settle roughly 75-80% of all personal injury claims before a lawsuit is even filed. Of the 20-25% of cases in which a lawsuit is filed, only 1-2% of those ever get to “trial” as most are settled before trial. Unless your claim fits into that 1-2% of cases that cannot be settled short of trial, you can be reasonably assured that the likelihood of your going to trial is very slim.

Q: What other types of accident cases do you handle?

A: I handle virtually any Ohio case where someone is hurt or killed. These include:

A: I have handled hundreds of personal injury and accident cases throughout southern Ohio, including Cincinnati, Dayton, Hamilton, Middletown, Batavia, Lebanon, Georgetown, Hamilton County, Clermont County, Butler County, Warren County, Brown County, Highland County and Adams County. I have handled cases throughout Ohio, including Cleveland, Columbus, Toledo, Mansfield, Indian Lake, Zanesville, Bellefontaine, Marietta, Portsmouth, Ironton and Troy. I provide a FREE CONSULTATION about personal injury, accident or bicycle cases to EVERYONE! Call me at 513-484-2453 today!